Date of Decision: November 15, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Executive Chef
Field: Culinary Arts
Nationality: [Nationality Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Roles:
The Beneficiary has performed in leading or critical roles for establishments with distinguished reputations, including the Petitioner’s upscale restaurant and a previous employer in Los Angeles. This criterion is supported by evidence related to these roles.
Criteria Not Met:
High Salary or Remuneration:
The Petitioner claimed the Beneficiary commanded a high salary of $85,000 annually. However, comparative data from various sources did not sufficiently support that this salary was significantly high relative to others in the same field and geographic area.
Other Claimed Criteria:
The Petitioner initially claimed the Beneficiary met up to five criteria but did not contest the Director’s findings on appeal for criteria related to lesser nationally or internationally recognized awards and original contributions of major significance. The Petitioner did not provide sufficient evidence to demonstrate the Beneficiary met additional criteria at the time of filing.
Key Points from the Decision
Awards and Prizes Won:
Not applicable. The Petitioner did not claim any major, internationally recognized awards for the Beneficiary.
Published Materials About the Petitioner:
Not applicable.
Original Contributions of Major Significance:
Not applicable. The Petitioner did not address this criterion on appeal.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Beneficiary’s roles as an executive chef at the Petitioner’s restaurant and a previous Los Angeles-based restaurant were recognized as fulfilling this criterion.
Artistic Exhibitions or Showcases:
The Petitioner did not successfully demonstrate that the Beneficiary met this criterion.
Evidence of High Salary or Remuneration:
The evidence submitted was insufficient to demonstrate that the Beneficiary’s salary was significantly high in relation to others in the field.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Employment Records: Documentation of the Beneficiary’s roles at the Petitioner’s restaurant and a previous employer.
- Salary Data: Comparative wage data from BLS, Glassdoor, Indeed, and ZipRecruiter.
- Request for Evidence Response: Additional salary evidence for the years 2022 and 2023, though not applicable at the time of filing.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner did not submit sufficient initial evidence demonstrating that the Beneficiary met the required criteria for extraordinary ability. The evidence provided did not support a finding of sustained national or international acclaim necessary for this highly restrictive visa classification. The appeal was dismissed based on the Beneficiary not meeting the required number of criteria, and each reason was considered as an independent and alternate basis for the decision.
Next Steps:
The Petitioner may consider gathering more comprehensive evidence to demonstrate the Beneficiary’s eligibility for extraordinary ability classification or explore other immigration pathways that might be more suitable for the Beneficiary’s qualifications.
